Smt Sharadamma vs Nagarajashetty
2024 Latest Caselaw 4693 Kant

Karnataka High Court

Smt Sharadamma vs Nagarajashetty on 15 February, 2024

                                         -1-
                                                     NC: 2024:KHC:6576
                                                  RFA No. 2051 of 2010




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE C M JOSHI
                  REGULAR FIRST APPEAL NO. 2051 OF 2010 (PAR)
               BETWEEN:

               1. SMT. SHARADAMMA,
                  D/O K. VEERABADRASHETTY,
                  W/O K. ANKASHETTY,
                  AGED ABOUT 55 YEARS,
                  R/AT 7TH CROSS, EXTENSION
                  NANJANGUD TOWN,
                  MYSORE DIST.-571 301.

               2. JAYAMMA,
                  D/O K. VEERABADRASHETTY,
                  AGED ABOUT 45 YEARS,
                  R/AT MUDIGUNDA VILLAGE,
                  KOLLEGALA TALUK,
                  CHAMARAJANAGAR DIST.-571 313.

                 3. PUTTAMMA,
                    D/O K. VEERABADRASHETTY,
Digitally signed    W/O LATE K. MADASHETTY,
by                  AGED ABOUT 57 YEARS,
ANNAPURNA G
                    R/AT KALALE VILLAGE,
Location: High
Court of            NANJANGUD TALUK- 571 301.
Karnataka                                                ...APPELLANTS

               (BY SMT. N R PADMA & SRI K MOHAN, ADVOCATES [ABSENT])

               AND:

               1. NAGARAJASHETTY,
                  S/O VEERABADRASHETTY,
                  AGED ABOUT 40 YEARS,
                  R/AT BRAMARAMBHA STREET,
                          -2-
                                        NC: 2024:KHC:6576
                                     RFA No. 2051 of 2010




   D.NO. 871,
   CHAMARAJNAGAR TOWN,
   CHAMARAJANAGAR DIST. -571 313.

2. VEELOCHANAMMA,
   S/O VENKATARAMANASHETTY,
   AGED ABOUT 40 YEARS,
   R/AT BRAMARAMBHA STREET,
   CHAMARAJANAGAR DIST. -571 313.

3. C.V. DASASHETTY,
   S/O LATE VEERABADRASHETTY,
   AGED ABOUT 88 YEARS,
   R/AT 11TH CROSS, EXTENSION
   NANJANGUD TOWN,
   MYSORE DIST. -571 301.

4. C.V. VENKATARAMANASHETTY,
   S/O LATE VEERABADRASHETTY,
   AGED ABOUT 88 YEARS,
   C/O SUNDERASHETTY,
   R/AT MAMBAHALLI,
   YALLANDOOR TALUK,
   CHAMARAJANAGAR DIST. - 571 313.
                                          ...RESPONDENTS

(BY SRI GIRISH B BALADARE, ADVOCATE FOR R2 [ABSENT];
    R1, R3 & R4 ARE SERVED.)

     THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
20.8.2010 PASSED IN O.S.32/2008 ON THE FILE OF THE
SENIOR   CIVIL   JUDGE   AND   CJM,  CHAMARAJANAGAR,
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.



     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                             -3-
                                           NC: 2024:KHC:6576
                                     RFA No. 2051 of 2010




                         JUDGMENT

None appear for the appellants as well as the

respondents.

2. Even on the previous occasion also, i.e. on

24-01-2024, none appeared for the appellants as well as

the respondents. Therefore, it appears that the appellants

are not interested in prosecuting the appeal. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

tsn*